Definition of War Crimes
Miscellanea / / July 04, 2021
By Javier Navarro, in Aug. 2017
War is an undesirable means of solving conflicts. However, in ancient times there were guidelines and principles that tried to regulate any conflict military to avoid unnecessary cruelty (the right of war or Ius ad bellum in the civilization Rome is an example of this).
Consequently, one can speak of two types of wars: those that have a legitimacy and they are fair (for example, when an enemy attacks a nation it would be lawful to resort to war to defend the territory) and those that are considered illegitimate for any reason. When the latter happens it is possible to speak of war crimes.
This concept is used in the plural because the possible crimes associated with war conflicts are very diverse.
The inhumane treatment of prisoners of war, the attack on the population civil or against civilian objects (for example, hospitals or historical monuments), cause the death of enemy combatants who have laid down their arms, use the flag white as a form of deception, attacking a town that does not have any type of defense and a long list of actions that are considered contrary to the laws of the war.
In order to legally combat war crimes and avoid impunity, it is necessary to resort to the principle of universal justice.
There are several treaties that attempt to limit military actions (the International Conference of the Peace, the Hague Convention and the Geneva Convention are the best known). These agreements are governed by the principle of universal jurisdiction which, in turn, is based on the idea of a Justice universal. Through these treaties and agreements a general idea is consolidated: war crimes cannot go unpunished.
At the Nuremberg Trials the Nazis were tried for war crimes committed
From a legal point of view, in the Nuremberg Trials the German leaders tried were accused of various crimes: conspiracy, war crimes and crimes against humanity. The trial lasted for a year and there were more than 300,000 statements. Prosecutors for the prosecution represented the victorious nations of World War II (United States, Great Britain, France and the USSR), but the war crime allegations were made in the name of all mankind.
In 1946 the Tokyo Trials were held in which the Japanese leaders were tried for the crimes of genocide and war crimes.
Almost 50 years after World War II, the International Criminal Court was created to try war crimes committed in the former Yugoslavia.
Photos: Fotolia - mast3r / diy13
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